A specialized security force is taking shape to protect the advanced nuclear power plant TerraPower is building in Kemmerer, and it will have more officers than the local Lincoln County Sheriff’s Office.
"TerraPower will have more security guards than there are law enforcement officers in Lincoln County," Sheriff Shane Johnson told the Joint Mineral, Business and Economic Development Committee during a marathon hearing in Casper on Thursday.
As the committee members heard from TerraPower Nuclear Security Manager Melissa Darlington, guards at nuclear power plants in other states are empowered by specific legislation spelling out their authority.
Darlington laid out the security challenges facing the company’s Natrium reactor project during the legislative hearing. Her testimony highlighted the unique legal protections needed for nuclear security personnel to effectively defend against threats of terrorism and sabotage.
"I have 22 years in nuclear security, all of it at Palo Verde Nuclear Generating Station in Arizona," Darlington told the committee. "We appreciate the Legislature's consideration of the draft security legislation today.
“The Nuclear Regulatory Commission (NRC) requires licensed nuclear facilities like Natrium to maintain strong security programs to protect against threats such as radiological sabotage."
The protection requirements extend beyond typical corporate security measures, Darlington said.
Federal regulations mandate "a range of security measures is required to comply with the NRC regulations up to and including the potential use of lethal physical force to defend the plant,” she said.
Not A New Concept
The crux of the legislative discussion centered on defining the powers granted to nuclear power plant security guards and the legal protections afforded members of this new breed of on-site police.
"The reason we are here before you today is because federal law provides no legal protection for security personnel when they act in defense of a commercial nuclear power plant or for public safety," Darlington said. "Furthermore, Wyoming law currently lacks clear legal authority for trained security personnel performing these duties."
Without such protections, Darlington warned, "security personnel at the TerraPower facility and any future commercial nuclear facilities in Wyoming remain exposed to potential civil and criminal liability."
Darlington said that of the 28 states with NRC-licensed commercial nuclear power plants, nine states, including Arizona and Kansas, have enacted similar legislation to protect security personnel.
The proposed legislation would address this vulnerability by "providing clear legal protections for trained security personnel and their employers, by ensuring they are not exposed to civil or criminal liability when acting within the scope of their duties," Darlington and other representatives from TerraPower explained.
She said the bill also would authorize nuclear security personnel to "detain and defend individuals committing crimes while summoning local law enforcement" for offenses including "murder, assault, criminal entry, trespass, arson, robbery, radiological sabotage and theft."
The TerraPower security team emphasized that the protections would not be unlimited, applying only to security personnel at commercial nuclear facilities sites that are acting with reasonable belief and within the scope of their security mission.
Protecting The Public
The discussion Thursday drew pointed questions from lawmakers about the scope of authority granted to private security forces.
Sen. Chris Rothfuss, D-Laramie, expressed concern about granting lethal force authority to corporate security personnel.
"We don't typically grant civilians the right to lethal force, and particularly when they're not representing the state or the community when they're representing a corporation," Rothfuss said.
He asked whether other states had considered using actual law enforcement instead of security personnel within nuclear facilities.
“There is currently no commercial operating nuclear facility that uses actual deputized law enforcement at this time,” Darlington responded.
She explained that nuclear facilities work under memorandums of understanding with local law enforcement, where "the primary response is going to be your security officers due to the time, right? Because it may take significant time for law enforcement to arrive and deploy specialized teams.
"It may take 15 minutes, per se, let's just say, for one officer to get there, and then within 1 hour or 30 minutes, they may have a SWAT team there," Darlington said, explaining that each facility's agreement depends on local law enforcement capabilities.
Rothfuss pressed more about the geographical limits of the security force's authority, asking whether armed nuclear security guards could "take their law enforcement powers anywhere in the community."
Darlington clarified that "the primary responsibility of the security force is to protect the nuclear material" and that TerraPower had designed its "protected area smaller" so the "security force will be in our nuclear island. That is what they are federally required to defend."
When Rothfuss expressed concerns about providing "somebody who's an armed nuclear security guard the authority to use deadly force on the other side of town," the discussion turned to strengthening language to confine authority within the boundaries of the power plant.
Whistle To Bullets
Rep. Reuben Tarver, R-Gillette, questioned the protocols for escalating from non-lethal to lethal intervention.
"Do you start out with a rape whistle and then you work your way up to the machine gun?" he asked. "Is this stuff that's laid out in your plan?"
Darlington explained that the specific response depends on the situation.
"Are they blowing up my fence and coming in?" she asked, confirming that security personnel "are trained to begin with command presence, voice, etc. They are qualified and they are tested on their skills."
Sheriff Johnson underlined the collaborative approach needed between TerraPower's security force and local law enforcement.
"As this moves along for us, (it’s important) to interact with them and make sure that we are on the same page and that we have a facility that runs safe and that people are protected,” he said. “The community is protected from the potential of the facility getting sabotaged or something happening there.”
The sheriff acknowledged resource challenges, noting that Lincoln County covers 4,000 square miles and that "there's no doubt in my mind that as this moves along, that we're going to have to bump up the personnel that we have available and partner with the other police departments that are in the area."
Project Update
The security discussion comes as TerraPower advances construction on multiple fronts.
Andrew Richards, VP of government affairs for TerraPower, outlined the project's progress during the hearing.
The nuclear island construction, which will house the nuclear reactor, awaits NRC approval, with TerraPower having submitted its construction permit application in March 2024.
"We anticipate receiving the construction permit in late 2026,” Richards said. “Once granted, full nuclear island construction can begin. Our current schedule targets completion of the reactor by 2030.”
At peak construction, the project expects to create about 1,600 construction jobs, with 200 to 250 full-time positions once operational.
Darlington announced her personal commitment to the project: "I am happy to say I will be moving to Kemmerer in two weeks, and I am looking forward to becoming a part of the community."
Rep. Scott Heiner, R-Green River, indicated that a revised draft of the security legislation probably will be available in July, setting the stage for public comment on the powers granted and the limits placed upon security guards at nuclear plants in Wyoming.
David Madison can be reached at david@cowboystatedaily.com.
